The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Minor.
A person younger than 17 years of age.
Permanent residence.
A place where a person abides, lodges, or resides for 14 or more consecutive days.
Premises where children commonly gather.
A public park, private or public school, or day-care center or any public or nonprofit recreational facility (including public swimming pools). For purposes of this article, landscaped street medians are not public parks.
Temporary residence.
A place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where a person routinely abides, resides, or lodges for a period of four or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.
(Ordinance 2015-13 adopted 5/12/15)
For each person required to register on the Texas Department of Public Safety’s Sex Offender Database (the “database”) because of a violation involving a victim who was a minor, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather.
(Ordinance 2015-13 adopted 5/12/15)
(a) 
It shall be prima facie evidence that this section applies to such a person if that person’s record appears on the database and the database indicates that the victim was a minor as defined herein.
(b) 
For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as defined herein, or, in the case of multiple residences, on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather.
(c) 
A map depicting the prohibited areas shall be maintained and annually updated by the police department which shall be available to the public for inspection at the police department.
(Ordinance 2015-13 adopted 5/12/15)
It is an affirmative defense to prosecution that any of the following conditions apply:
(1) 
The person required to register on the database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the state prior to the date of the adoption of this article.
(2) 
The person required to register on the database was a minor when such person committed the offense requiring such registration and was not convicted as an adult.
(3) 
The person required to register on the database is a minor.
(4) 
The premises where children commonly gather, within 1,000 feet of the permanent or temporary residence of the person required to register on the database, was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(5) 
The person was at the time of the violation subject to community services supervision pursuant to section 13B of article 42.12 of the Texas Code of Criminal Procedure, as amended, and the court reduced or waived the 1,000-foot restriction for a child free zone under section 13B(a)(1)(B) of article 42.12 of the Texas Code of Criminal Procedure, as amended, as it applies to the person’s residence.
(6) 
The information on the database is incorrect, and, if corrected, this article would not apply to the person who was erroneously listed on the database.
(Ordinance 2015-13 adopted 5/12/15)
An offense under the article is deemed to be a misdemeanor and upon conviction be punishable by a fine not to exceed $500.00 for each offense.
(Ordinance 2015-13 adopted 5/12/15)